Memo

TITLE OF BILL: An act to amend the education law, in relation to establishing that all school districts are approved evaluators of preschool students suspected of having a disability

PURPOSE: To eliminate additional paperwork for school districts who wish to provide evaluation services to preschool students with disabilities.

SUMMARY OF PROVISIONS:

Section 1: Amends section 4410(9-a) of the education law to establish that all school districts are approved evaluators of preschool students.

Section 2: Sets forth an immediate effective date.

JUSTIFICATION: School districts regularly provide evaluation of school-age special education students. Similar to any other public or private agency with appropriately licensed or certified professionals, a school district may apply to the Commissioner of Education to be an approved evaluator of preschool special education students. Because school districts currently provide these evaluations for school-age students, the extra application requirement to the Commissioner is burdensome and unnecessary. This bill will allow school districts to provide preschool evaluation services without further application to the Commissioner.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: Possible savings to local school districts and the New York State Education Department.

EFFECTIVE DATE: Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________
5360
2013-2014 Regular Sessions
IN SENATE
May 16, 2013
___________

Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to establishing that all
school districts are approved evaluators of preschool students
suspected of having a disability
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a) and (c) of subdivision 9-a of section 4410
of the education law, paragraph (a) as amended by chapter 581 of the
laws of 2011 and paragraph (c) as added by chapter 82 of the laws of
1995, are amended to read as follows:
(a) A [school district or a] group of appropriately licensed and/or
certified professionals associated with a public or private agency may
apply to the commissioner for approval as an evaluator on a form
prescribed by the commissioner. The commissioner shall approve evalu-
ators pursuant to this subdivision consistent with the approval process
for the multi-disciplinary evaluation component of programs approved
pursuant to subdivision nine of this section consistent with regulations
adopted pursuant to such subdivision. ALL SCHOOL DISTRICTS ARE DEEMED
APPROVED EVALUATORS OF PRESCHOOL STUDENTS SUSPECTED OF HAVING A DISABIL-
ITY WITHOUT THE NEED TO SUBMIT AN APPLICATION TO THE COMMISSIONER.
Such application shall include, but not be limited to, a description
of the multi-disciplinary evaluation services proposed to be provided
and a demonstration that all agency employees and staff who provide such
evaluation services shall have appropriate licensure and/or certif-
ication and that the individual who shall have direct supervision
responsibilities over such staff shall have an appropriate level of
experience in providing evaluation or services to preschool or kinder-
garten-aged children with disabilities. To be eligible for approval as
an evaluator under this subdivision on and after July first, two thou-
sand eleven, a group of appropriately licensed or certified profes-

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11078-01-3

S. 5360 2

sionals shall be formed as a limited liability company or professional
services corporation established pursuant to article fifteen of the
business corporation law, article twelve or thirteen of the limited
liability company law or article eight-B of the partnership law. The
approval of any groups of licensed or certified professionals that are
in existence on July first, two thousand eleven and would not be eligi-
ble for approval thereafter shall terminate on July first, two thousand
thirteen.
(c) The commissioner shall establish a billing and reimbursement
system for services provided by SCHOOL DISTRICTS AND evaluators approved
pursuant to the provisions of this subdivision consistent with billing
and reimbursement for evaluation services provided by evaluators
approved pursuant to the provisions of subdivision nine of this section.
S 2. This act shall take effect immediately.

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